Everything You Need to Know About E-Verify

Authored by Sandra Wetmore, SVP of Payroll Operations at GreenSlate

Get clear answers to the most frequently asked E-Verify questions for your production.

As someone who fields E-Verify questions daily, I know how important it is for employers and employees alike to understand how E-Verify works, utilize the tools offered by E-Verify, and be able to turn to GreenSlate to handle the E-Verify submission process on your behalf. 

Here’s a breakdown of what E-Verify is and how it works.  

What Is E-Verify?

E-Verify is a free, web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to electronically confirm the employment eligibility of newly hired employees by comparing information from the employee’s Form I-9 against government records. Most results are available within seconds, making E-Verify a fast and reliable tool for compliance and virtual I-9 verification. 

Who Needs to Use E-Verify?

For most employers, participation in E-Verify is voluntary. However, for the entertainment industry in particular, if there is a state law or tax incentive requirement, enrollment is mandatory. Many states have their own mandates, so it’s essential to check your state and industry requirements to ensure you’re meeting all obligations.

What Are An Employer's Responsibilities?

Employers who use E-Verify must: 

• Complete Form I-9 for every new hire before creating an E-Verify case.
• Create an E-Verify case for each new employee no later than the third business day after they start work for pay.
• Display E-Verify Participation and Right to Work posters in English and Spanish–physically or digitally--at every hiring site.
• Safeguard all personally identifiable information.
• Provide employees with notice and an opportunity to resolve any Tentative Nonconfirmation (mismatch) results.

Employers must not: 

• Use E-Verify to pre-screen job applicants.
• Specify which Form I-9 documents an employee must present, except that List B documents must have a photo.
• Discriminate based on national origin, citizenship, or immigration status.
• Take adverse action against an employee because of a mismatch – unless a Final Nonconfirmation is issued.

How Does E-Verify Enrollment Work?

Enrolling in E-Verify is straightforward, but attention to detail is essential. Productions have two options:

Option 1: Production Handles E-Verify Enrollment Directly

If your production chooses to enroll in E-Verify directly, you will need to:

1. Visit the E-Verify Enrollment Website
   Accept the terms and conditions to begin the process.
2. Designate a Company Point of Contact
   Identify the individual who will oversee the E-Verify process.
3. Provide Company Information
   Submit your company’s legal name, EIN, physical and mailing addresses, and details about your hiring sites.
4. Register Key Personnel
   Register at least one program administrator and a Memorandum of Understanding (MOU) signatory.
5. Review and Submit
   Review your information, submit your application, and print/save your signed MOU for your records.

Once your MOU is signed, your production can begin E-Verifying employees. Only employees hired on or after the MOU sign date are eligible for E-Verify, so it’s important to complete this step as soon as production begins.

Each hiring site can be enrolled individually, or you may choose to have one site handle E-Verify cases for all locations, depending on your business structure.

Option 2: GreenSlate Handles E-Verify Enrollment for You

If you prefer, GreenSlate can act as your authorized agent and manage the E-Verify enrollment process on your behalf. Here’s how it works:

1. You Provide MOU Signer Information
   Your production will need to supply the necessary information for the MOU signatory.
2. GreenSlate Handles the Rest
   GreenSlate will complete the enrollment steps, submit the required information, and manage the E-Verify process for your production.

Once GreenSlate completes the setup and the MOU is signed, we can immediately begin E-Verifying employees hired from that date forward.

Frequently Asked Questions

What if there’s a mismatch?
Employees must be notified and given a chance to resolve the issue. Employers cannot terminate or take adverse action unless E-Verify returns a Final Nonconfirmation. If GreenSlate is E-Verifying on your behalf, we will reach out to you. The E-Verify system will also send a message via email to the employee providing an opportunity to address the mismatch confidentially.

Which list document must be uploaded for E-Verify?
Employment Eligibility Verification is the key element of E-Verify’s web-based employment eligibility verification. E-Verify electronically compares information the employer enters from Form I-9 to records available to the Social Security Administration and the U.S. Department of Homeland Security. This verification confirms an employee’s eligibility to work in the United States. If an employee utilizes a List A document, that document must be uploaded into E-Verify.  List B and C documents are to be verified by the employer - Production - and entered on the I-9. As agents, we then enter this information into E-Verify on your behalf.

Does E-Verify allow for Remote Examination of I-9 documents?
Employers may remotely examine employees’ Form I‑9 documents, provided they are enrolled in E‑Verify and their production is in good standing.

Can I use E-Verify for existing employees?
If existing employees have a hire date on their I-9s prior to the MOU sign date, you cannot E-Verify them.

E-Verify can be complex and time-consuming. By utilizing GreenSlate to simplify the process, you can save valuable time and money.  Reach out to our Implementation team today to learn more about how GreenSlate supports E-Verify. 

Your E-Verify questions answered by our expert

If you have questions about E-Verify enrollment, handling mismatches, or employee rights, reach out. I’m here to provide clear, practical answers based on the latest guidance and best practices.

If you’d like more detail on any part of the process or have a unique scenario you’re unsure about, reach out to Payroll@greenslate.com.

This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.